Section 265B of CrPC : Section 265B: Application For Plea Bargaining

Explanation using Example

Imagine John, who is accused of committing theft, is currently awaiting trial. To avoid a lengthy trial process, John decides to engage in plea bargaining. He submits an application to the court admitting to the offence and seeking a plea bargain.

In his application, John includes details about the theft charge against him and attaches an affidavit affirming that he is entering into plea bargaining voluntarily, understands the consequences, and has not been convicted of theft before.

The court then notifies the prosecutor and sets a date for a hearing. On that date, the court conducts a private examination of John to ensure his application is truly voluntary.

After confirming John's voluntary intent, the court gives time for the prosecutor and John to negotiate a settlement, which might involve John compensating the victim. If they reach an agreement, the court will set a new hearing date to finalize the plea bargain.

If the court had found John's application to be involuntary or if he had a prior conviction for theft, the plea bargaining would not proceed and the trial would continue as per normal criminal procedure.